Terms + Conditions
Please note that it is essential for you to read and understand the following Terms and Conditions. These Terms and Conditions govern the relationship between you (hereinafter referred to as “the Client”) and Desert Landscapes (hereinafter referred to as “the Company” or “Desert Landscapes”). By booking a trip, you agree to be bound by these Terms and Conditions that outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, or on our website, or by email with the Company, you accept and are bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease advertised prices. The Company or their agents reserve the right to decline any booking at their discretion. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
If the Client has a pre-existing medical condition, they must advise Desert Landscapes.
At time of booking a 50% deposit is due to the Company. This deposit will confirm your place on the tour until 33 days prior to the start date of the tour, at which time the final full payment is due.
The Company must confirm acceptance of the Client’s booking in writing. Please refer to your confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 33 days before the departure date of the tour. If a booking is made 33 days or less before the departure date of the first service booked then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. In the event that the Client is not able to make the final payment by the date indicated as the final payment date, the Company must be advised in advance and a possible payment plan may be devised at the Company’s discretion.
Upon registration, you will receive an email confirmation. Upon receipt of full payment, you will receive a pre-departure information package by email outlining the tour itinerary, materials list, and other relevant information for the tour.
The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour. Passports need to be valid 6 months past your return date.
The Client is responsible for obtaining at their own expense all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey.
Tourist Visas are required for entry into some countries and varies by nationality. It is the Client’s responsibility to check with the local Embassy or Consulate of the country being visited to determine whether a Visa is required.
The Client accepts full responsibility for obtaining all such documents and permits prior to the start of the tour and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory. The Company is not responsible for any errors or omissions as to the information provided.
Travel related documents such as: trip itineraries, contracts and invoices will be sent via email.
In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client details at the time of booking. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date, full name as it appears in the passport you are traveling with, date of birth, and nationality.
All Clients should obtain travel/medical insurance while traveling with Desert Landscapes if travelling outside of their country of residence.
Insurance should cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Desert Landscapes shall have no liability for loss, theft of or damage to baggage or personal items. Stolen items are not reimbursable by the Company. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels or any modes of transport.
It is recommended that the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client.
CANCELLATION BY THE CLIENT
Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable.
Cancellation charges of a Desert Landscapes tour is expressed hereafter as a percentage of the total tour price
Cancellation received 30 days or more before departure: 50% of the payments made by the Client to Company shall be refunded to the Client.
Cancellation less than 30 days before departure: No refund shall be payable to the client.
You are strongly advised to take out cancellation insurance at the time of making the booking, as this will cover cancellation charges in certain circumstances.
CANCELLATION OF A TOUR BY DESERT LANDSCAPES
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 30 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control. When the Company cancels a tour, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that the Client may have incurred as a result of the booking such as visa, vaccination, non-refundable flights or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the alternative tour chosen is of a higher value than that originally booked, then the Client must pay the difference in price.
The prices quoted by the Company are in Canadian Dollars.
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. Sickness, death of a family member, etc.
The Client appreciates and acknowledges that the nature of this type of travel requires a great amount of flexibility. Alternatives may need to be made. The itinerary provided for each tour is a template and is representative of the types of activities one may partake in. The Company will try to adhere to the original template but the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events caused by political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
Itineraries are developed in good faith. Travel can be unpredictable and it may be necessary or desirable to make alterations due to local circumstances. It is our intention to adhere to the route outlined in the pre-departure information package and/or on our website but it does not form part of the contract between the client and the Company.
PRICES AND SURCHARGES
The Company reserves the right to impose surcharges (price increases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the tour cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid to the Company. Cancellation requests must be received in writing.
WEBSITE AND BROCHURE VALIDITY
The prices on our website and on printed materials are based on accommodations, services, exchange rates and costs in effect at time of printing or posting to our website. The Company reserves the right to alter prices for new bookings if these rates change.
CONSIDERATIONS FOR CHANGE
(a) Changes made by the Company: The Company reserves the right to change any of the facilities or services described on the website or brochure before a booking is made. While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where it is necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid to the Company or accepting any alternative tour offered by the Company.
(b)Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 75 days prior to the departure date and must be approved by the Company. If the Company accepts such a request, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 75 days, before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tour.
(c)Transfer of name: If you are prevented from traveling on the tour you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that tour and have understood and agree to the terms and conditions of this contract. Within 75 days, name transfers may not be permitted for tours outside of North America.
(d) Amendments: Within 75 days of departure any amendments to a file will depend on availability and will be on a request basis. No amendments are permitted to your booking with 10 days of departure.
*Note: scheduled airlines may impose 100% cancellation charges.
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. The Client must agree to abide by the authority of the tour leader or Company representative, who represents the Company, while on tour. The Client must at all times abide by the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other Client’s enjoyment of the tour, the Client must advise the Company at the time of booking. If the Client fails to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services of costs incurred resulting from the termination of the travel arrangements.
FORCE MAJEURE (factors that cannot be controlled by the Company)
Desert Landscapes shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional and physical injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of the Company, or an event which Desert Landscapes or the supplier of services, even with all due care, could not foresee.
The Client acknowledges that she/he will be visiting places where the political, cultural and geographical settings may present certain risks, dangers and physical challenges greater than those present in our regular lives. By booking travel with The Company, the Client acknowledges that they have considered potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. You are encouraged to contact your Embassy abroad or research their locations. The Client is completely responsible for becoming educated about the customs, weather conditions, physical challenges and laws at each place the Client will be visiting.
ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a large amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
RESPONSIBILITY OF TOUR OPERATOR
All services herein are organized by Desert Landscapes. Notice is hereby given that all arrangements made on behalf of customers are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any Company an/or persons engaged in carrying out the arrangements. Desert Landscapes acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveler, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house pension, or other form of accommodation. The Client acknowledges that the quality of the products organized by the Company, including accommodations and all other services related to the tour which are organized by the Company, are not within the control of the Company and that in any event the quality of such products may be compromised by local conditions.
The Client hereby releases the Company from all claims and causes of action rising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information provided by the Company is correct to the best of the Company’s knowledge and the Company accepts no liability for any innocent inaccuracies contained herein. The Company reserves the right to alter any itinerary in progress or service at any time without penalty to the Company. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement and agreement of the above items.
CLAIMS AND COMPLAINTS
The Client agrees to bring any complaints regarding a Desert Landscapes tour as soon as possible in order to provide the Company with the opportunity to address such complaint properly. The Client agrees to inform the Tour Leader or other designated representative at the earliest opportunity, or to contact the Company’s head office directly. Desert Landscapes assumes no liability for complaints that are not properly brought to the attention of the Company with sufficient notice for the Company to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a tour must be received in writing by Desert Landscapes within 15 days of the end of the tour. The Client acknowledges and agrees that Desert Landscapes will not accept any liability for claims received after this period.
Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
ACTIVITIES THAT ARE NOT INCLUDED IN TOUR PRICE
The Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products not included in the tour price.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
SUCCESSORS AND ASSIGNS
These Terms and Conditions shall insure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
ERROR AND OMISSIONS
Although the Company has made a concerted attempt to verify the accuracy of statements made herein and the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on the Company website or promotional materials.
We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information.
The Client consents to Desert Landscapes using photos or videos that were taken during the trip that may contain or feature the Client in part or in whole for advertising and promotional purposes. The Client acknowledges that they consent to any such pictures being taken and hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Desert Landscapes to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
By booking a tour with Desert Landscapes, you are agreeing to these Terms and Conditions.